Former Federal Attorney General (AGF) and Justice Minister Michael Aondoakaa (SAN) said that before a candidate can be declared the winner in a presidential election, he must have a rating of 25.

Former Agf Aondoakaa Claims Tinubu Needs To Score 25% On The Fct To Be Declared The Winner.

 In the elections in Abuja, he won two-thirds of the 36 provinces and the Federal Capital Territory (FCT).

 This was done by constitutional lawyer Professor Mike Ozekholm (INEC), by the Independent National Electoral Commission (INEC), by All Progressives Congress (APC) Senator Bora Ahmed Tinub, and by the FCT.

They criticized it for claiming it was no longer the prescribed 25 cents. Aondoakaa, who said so during an appearance as a viewer on the ARISE NEWS Channel program, argued that the requirement was a rule and had not changed since the 2008 Supreme Court ruling. 

On Wednesday, when Tinubu was declared the winner in his Feb. 25 presidential election with the help of the Independent National Electoral Commission (INEC), there were mixed reactions on the issue with the help of fellow lawyers. bottom. Tinub won 8,794,726 votes, beating the People’s Democratic Party’s (PDP) Atiku Abubakar by 6,984,520 votes, while Labor’s Peter Obi won 6,101,533 votes.

 Tinubu and Atiku each won his 12 provinces, while Obi won his 11 provinces and the Federal Capital Territory (FCT), and Kwankwaso won his Kano province, his three most practical. broke the state. Obi received his FCT as one of the top three presidential candidates. The FCT is considered a strong constitutional requirement to become president of Nigeria. 

Obi received 281,987 votes, or 62% of his total votes within the FCT, and Tinubu received 90,902, or 20% of his votes. For his part, Atiku received 73,743 votes. The 1999 Constitution requires a presidential candidate to consistently hold the highest number of votes in an election, but at the same time the candidate must hold at least one-third of all states and the FCT. Though Tinubu scored the very best quantity of votes in the election and additionally polled a minimum of 25 percent of the legitimate votes in a minimum of 24 states in keeping with the Constitution, the previous Lagos State governor no longer maintains a minimum of 25 percent within the FCT. 

Specifically, Section 134 (2) states: “A candidate for an election to the Office of President will be deemed to have been duly elected where, there being more applicants for the election: (a) he has the very best quantity of votes solid on the election; and (b) he has now no longer much less than one-region of the votes solid on the election in every one of the states within the federation and the Federal Capital Territory, Abuja.”

 But whilst noting that the problem is already on the court’s docket and, as such, he could no longer stay deeply on it, the previous AGF recalled that the Supreme Court had, in 2008, in a match regarding the contemporary president, Muhammadu Buhari, and the then president, Alhaji Umaru Musa Yar`Adua, resolved the difficulty of the 25 percent in step with cent in 2/three of the states of the federation and the FCT. “It`s a completely tough situation, however, the count has been interpreted earlier than round 2008 in a count regarding the contemporary president,” he said, including that “the pronouncement then changed into that the `and` is used conjunctively; that changed into the translation then.” 

Maybe the Supreme Court can additionally have any other appearance because it changed a long time ago, but as of now, this is the translation. “The interpretation changed so that the states and the Federal Capital Territory will be construed conjunctively. So, according to the 2008 Supreme Court interpretation, you should get 2/3 of 25% and the FCT of 25%. ” However, we recognize that the Supreme Court has the right to overturn previous decisions. When asked with the help of a decision within a case,” It’s unclear if a similar situation would backfire. Meanwhile, constitutional lawyer Professor Ozeholm (SAN) accused the INEC of approving the Tinuba presidential election because it fell short of the 25% set by the FCT. 

“The constitution stipulates that 25 cents must be earned consistently in 24 states, and in the FCT, Bora Ahmed Tinub currently does not consistently score 25 cents within the FCT, and given that he has consistently failed to win 25 cents, he should no longer be declared president, as INEC has done wrong,” he said. Arguing that the February 25 presidential election was no longer free, fair, and credible, Ozekome said of Tinub: We don’t need street demonstrations and protests. Difficulties are his ethical burden.”

The senior prison expert said that in seeking out 25 percent of the total votes cast in 2/3 of all the states of the federation and the FCT, the Constitution genuinely treats the FCT as a separate entity or a completely unique territory, wherein the presidential candidate needs to obtain at least 25 percent of the total votes cast within the election. “The framers of the Constitution truly desired for Nigeria a president that is extensively installed with a national spread and now not one that has simplest the resources of his tribe or region. Hence they provided within the Constitution the sections relating to the election of the president because of our peculiarities as a multi-numerous and multi-facetted nation. 

” The provisions contained in Section 134 of the Constitution are supposed to mirror this. In the same light, the framers of the Constitution considered the FCT a melting pot, a type of mini-Nigeria. Thus, as one commentator argues, the FCT`s fame or function raises vital questions that presidential applicants should answer within the electoral exam. ” The most effective logical conclusion is that Articles 134 and 299 aren’t together special or contradictory. Rather, Section 299 helps and enhances Section 134. To exhibit this function, the FCT has in no way performed elections for governors or country legislators because the states do. 

Rather, pursuant to Section 301 of the Constitution, the FCT is run through the President, with a minister appointed within the shape of the FCT Secretary appearing as his deputy. Likewise, the FCT does no longer have its very own country House of Representatives, but it still legislates via the National Assembly. 

So this refers to his unique fame now no longer being protected through phase 299 “It does not depend whether or not Abuja is an entire country, a pseudo-country, a quasi-country, or a quasi-country. Even if this had now no longer been the case, the goal of the framers of the Constitution, in step with their wisdom, was to decide the winner of the 1999 Constitution and Presidential Election, and the votes solid in one in all of Nigeria’s LGAs couldn’t be handled much less ignored.” stated the senior attorney.